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Everything posted by stefeni074

  1. I found it, @Harry Seaward is correct as he usually is. So I mail my letter to Atty Electing Arbitration. Tomorrow I will file my MTD / Compel. Rule 113 i. Dismissal because of lack of service; service on some but not all defendants. After at least twenty (20) days notice to plaintiff, the court may dismiss a complaint as to any defendant who has not been served with the summons and complaint within one hundred twenty (120) days after the filing date of the complaint. Before the dismissal date, if the plaintiff shows good reasons why a defendant has not been served, the court may
  2. This court has had many problems.. it is frustrating. But from here, I would file a MTD/ or Alt MTC instead of an Answer. A MTD is the only thing that can be filed other than an answer. If I file an Answer that would move litigation on to the next steps and may be cause to refuse an arbitration?
  3. I think I will file a MTD but not quite sure how to add that they were given more than enough time to serve, but failed to do so. I attached a timeline the court has posted. Do you have any thoughts? @Harry Seaward @debtzapper @BV80 @Goody_Ouchless
  4. Does any one have much experience on the reply for a Motion to Vacate the Courts Order of Dismissal. I had not been served so the court ordered a dismissal. LVNV filed a motion to vacate that order, which the court granted on 12/30/16. The motion was mailed on 12/23/16 and I received it in the mail on 12/27/16. Do I still have 10 days from which I received the notice or is it 10 from when it was mailed or filed. From the holidays and my time frame I am coming up with to file a response by 1/6/17. This is "I think" putting the case to the beginning to which I should have 20 days to file an
  5. I called the clerk again today, she said the case was closed. That is what is listed online in the court records. I had called last week after I found out I submitted my motion after the judge had signed a dismissal. The clerk at that time said the judge had my motion on his desk and would review it. The clerks are not very helpful.
  6. Ok, I don't think I have read any rules that I need to reply to their response? They are not denying that an arbitration exists, only that I have not paid the filing fee yet. So, I should wait until the judge rules on my motion to stay and compel if they are opposing the dismissal. I just want to be sure so that I don't miss a time limit on responding. Thank you @CCRP626
  7. @CCRP626 My MTD and combined Stay and Compel covered this but I am not sure how to respond to their opposition. I have not paid the filing fee yet because it is not refundable. I had wanted to get a stay and compel first. Here is my motion that was submitted. MTD-Stay SB CV2015-0547 5-10-16_Redacted.pdf
  8. I have recieved an Opposition to my MTD. It did not state anything about my MTC argument. It only stated that I have not paid the arbitration cost so I have failed to comply with the agreement. I have included this file. Any pointers on how to respond to their opposition? @Harry Seaward @Coffee_before_tea @debtzapper and any others who read this thread. WebBank_Redacted 5-17-16.pdf
  9. Ok you have great advice! @Harry Seaward I am going to write my terms in a letter and fax it to their office instead of calling them. Just to be clear of all the terms. I'll ask them to mail the original signed agreement before I will withdraw my appeal.
  10. I called and they do not have a ceritificate of service on file. The judge does have my motion on his desk waiting for his review. It is possible for them to refile since she said it was without prejudice. And I pretty much self identified service. If they do re-file I will argue the 113(a).
  11. If I call and state that is what I would like for them to do and as a condition to have them put it in writing in the Motion to Dismiss with prejudice as the terms of settlement. Should I ask to have them produce the Motion first and then pay the settlement. I'm not sure how this should be done.
  12. I have received a response from Midland about my Appeal. They have asked to settle for an amount that would be acceptable if I agree to withdraw my appeal. They would file a notice of settlement with the court and ask for dismissal with prejudice upon clearance of payment. They would like me to contact them asap.. what is the best way to get this done to make sure it is only the amount and not more that would include other costs.. lawyer fees and court costs. It is stated one lump some of 150. Which is much lower than what they wanted originally.. or even less than arbitration costs.. and
  13. I could use some advice.. @Harry Seaward @Coffee_before_tea @debtzapper and any others that have read this thread. I went to the Justice Court to drop off my Motion to Dismiss / Alt to Stay and Compel. The clerks got the file out and were discussing something in the file and I had heard one say "Just let her turn it in". The clerk stamps in my motion and I ask her is there something else? I said I heard you talking is there a question about something.. So the clerk just smiles real big and says "No". I look at her for a few seconds and I know I frowned at her and she just kept smiling. S
  14. Thank you to everyone that posted... I will update on the progression of the case.
  15. @Harry Seaward @Coffee_before_tea @BV80 @CCRP626 I have read through this thread a few times trying to get each side take on the proper way to get to arbitration. I really appreciate everyones input and reasoning. Which has made it even more difficult to decide what to do when I respond. As I have said before I've tried MTD/MTC.. that has been the least expensive route so far.. this is the one in the appeals process. The justice court did not order any bonds or fees, the superior court has just now sent their cost to file the appeal within 20 days and I will try to get a deferral or payment
  16. @Coffee_before_teaJust an FYI this was the timeline with LVNV case.. it was a mess and it's kind of in limbo right now. 6/25/15 Received Summons 6/30/15 Defend filed MTD on Acct Not stated - Improper 7/14/15 Judge granted MTD 7/27/15 LVNV Vacate order - reinstate case 7/28/15 Judge granted vacated order 8/10/15 Defend respond to Vacating order - MTD 8/19/15 LVNV respond ask court deny MTD again 8/21/15 Judge set a Pretrial Conf for 9/21/15 8/25/15 LVNV Request telephonic hearing 9/21/15 Pretrial Conf held - Both Maintain sid
  17. I agree with keeping it as simple as possible, I have not had much luck with the MTD/MTC in lieu of an answer so far. I have 2 other cases with this filing.. One is in appeal with my memorandum filed April 11 with Midland. The other began in June, filed MTD/MTC on June 30, this is with LVNV and they never responded after I finally filed an answer on Oct 30, so it's been more than 6 months without any response. This case with Jefferson Capital, is just compounding the stress. But @Coffee_before_tea I do like your plan it just may be more complicated than I can follow through on P
  18. Maybe I am wrong.. which is likely.. but if I submit an Answer to the complaint, wouldn't that be participating in the litigation and give up my right to elect arbitration. I thought I had heard of that argument not long ago. I just want to be clear that I want to have the dispute in arbitration.. By submitting a MTD and MTC at the same time, the MTD is acceptable under Rule 116 in responding to a complaint. (i) A motion to dismiss for lack of jurisdiction (“jurisdiction”) is the authority of the court over the subject matter of the lawsuit and over a defendant). I did find the letter sent
  19. So I should file an Answer and not try for the MTD or Alternative MTC Arbitration. I have an affidavit that I have written.. it does state the changing ownership and time line of the account. I'll upload it.. maybe it's too much information? Or gives Jefferson the time line for their documents to match.. State of Arizona Affidavit Webbank_Redacted.pdf
  20. They had filed this in October, but had not served me within the 90 days, I was not home during the time they came. They made a motion to serve me by leaving it at the door, by certified mail and regular mail. They had left it at my door 2 days before the end of the next 90 days on April 21. They did not mail it certified or regular, they had also left off the complaint which I had just uploaded, they left only the order saying they could leave it at the door and the summons (2 copies) but not the complaint. I had to go to the court clerks and request the complaint and had the clerk stamp
  21. Yes, the complaint is for account ending 8705 with the OC as Metabank. I opened the account in 2011 at that time the account was with Metabank but with a number ending in 4409. July 2012 Webbank took transfered/bought Metabank's accounts and sometime around April 2014 the account number was changed to 8705, I am not sure why or I can't remember why it had changed. My last payment was March 2014. Thank you for that Motion for a more definite statement. I was on a one track of MTD and MTC argument. Would I need to add any other information.. I am uploading the complaint fyi complai
  22. I am really uncertain how to word my response since the complaint does not list Webbank or Fingerhut. The chain of ownership would be Metabank then Webbank. The complaint states that defendant entered into a contract XXXX with Metabank which was subsequently assigned to Jefferson Capital. I have looked online but could not find a Metabank Fingerhut agreement. I only found the agreement for Webbank. Should I list both Metabank and Webbank in my MTD/MTC then use the Webbank agreement.
  23. I have previously posted on two other cases in litigation electing arbitration. I have been served with a new case involving Jefferson Capital with the OC as Metabank (Fingerhut, but doesn't list Fingerhut in the complaint). My question is I am wondering which card agreement I should use to elect arbitration. I can't find the Metabank agreement that was opened in September 2011. I do have the agreement that took over the account which is Webbank in 2012. The complaint list the account ending in 8705 which is the Webbank account number that was changed in 2014 from the original account endi
  24. In my conclusion can I request that the MTC be upheld to send into arbitration. Or if the appeal is granted that it will just go back to the lower court and rule on the MTD/MTC once again. Also, is there a specific citation to ask for award on cost for appeal.